Seattle to houseboats: Follow rules, or leave

City cracks down on floating scofflaws on Lake Union

VANESSA H, Seattle Post-Intelligencer

By VANESSA HO, SEATTLEPI.COM STAFF

Updated 11:27 am, Monday, December 17, 2012

The city of Seattle says this large Lake Union houseboat is likely illegal, because it resembles a floating home, but doesn't follow floating-home codes on size and environmental practices. The owner has said the house is a "vessel" that doesn't have to follow floating-home rules, the city said. Some City Council members have proposed an amnesty to help questionable homes become legal. Photo: City of Seattle.

The city of Seattle says this large Lake Union houseboat is likely...

Here's another example of a questionable houseboat. The city of Seattle says this Lake Union houseboat is likely
illegal, because it resembles a floating home, but doesn't follow
floating-home codes on size and environmental practices. The owner has
said the house is a "vessel" that doesn't have to follow
floating-home rules, the city said. Some City Council members have
proposed an amnesty to help questionable homes become legal.
Photo: City of Seattle.

Here's another example of a questionable houseboat. The city of...

The city of Seattle says this large Lake Union houseboat near Northlake Way is likely
illegal, because it resembles a floating home, but doesn't follow
floating-home codes on size and environmental practices. The owner has
said the house is a "vessel" that doesn't have to follow
floating-home rules, the city said. Some City Council members have
proposed an amnesty to help questionable homes become legal.
Photo: City of Seattle.

The city of Seattle says this large Lake Union houseboat near...

Notice the outboard motor on this houseboat? That allegedly makes it a "vessel," which, according to city code, must be "designed and used for navigation." But whether that motor can propel this mansion around the lake is another question. Some City Council members have
proposed an amnesty to help questionable homes become legal. Photo: City of Seattle.

Notice the outboard motor on this houseboat? That allegedly makes...

Here's another potentially illegal houseboat on Lake Union. The city says this houseboat is likely
illegal, because it resembles a floating home, but doesn't follow
floating-home codes on size and environmental practices. The owner has said the house is a "vessel" that doesn't have to follow floating-home rules, the city said. Photo: City of Seattle.

Here's another potentially illegal houseboat on Lake Union. The...

Steve Bimson says his two-story, 850-square-foot houseboat at Boat World Marina near Gas Works Park would not qualify for an amnesty proposed by some City Council members. That's because Bimson's house is too tall to meet the amnesty's height limit. Photo: Steve Bimson.

Steve Bimson says his two-story, 850-square-foot houseboat at Boat...

Floating homes in Seattle are required to be 18 feet and under, but this houseboat appears to be three stories. The city of Seattle says this house is likely
illegal, because it resembles a floating home, but doesn't follow
floating-home codes on size and environmental practices. The owner has
said the house is a "vessel" that doesn't have to follow
floating-home rules, the city said. Some City Council members have
proposed an amnesty to help questionable homes like these become legal.
Photo: City of Seattle.
Photo: City Of Seattle

Floating homes in Seattle are required to be 18 feet and under, but...

Seattle's houseboat community is colorful and eclectic. Legal houseboats, shown here, are technically called "floating homes." A landlubber's primer: Floating homes are often called houseboats, but not all houseboats can be called floating homes. House barges, vessels and illegal houseboats are not considered floating homes according to city code, and are regulated differently. (Joshua Trujillo / seattlepi.com)

Seattle's houseboat community is colorful and eclectic. Legal...

A charming floating home that was part of a 2010 floating homes tour in Seattle.
Photo: Elliot Suhr, Seattlepi.com

A charming floating home that was part of a 2010 floating homes...

A floating home that was part of a 2010 floating homes tour in Seattle.
Photo: Elliot Suhr, Seattlepi.com

A floating home that was part of a 2010 floating homes tour in...

Flowers, plants and floating homes line a dock that was part of a Seattle floating homes tour in 2010.

Photo: Elliot Suhr, Seattlepi.com

Flowers, plants and floating homes line a dock that was part of a...

Another example of a floating home. Photo: City of Seattle.
Photo: City Of Seattle

Another example of a floating home. Photo: City of Seattle.

Floating homes come in all shapes, styles and sizes. An older, rustic home is in the foreground, with a more modern one in the back.

The view from a floating home that was showcased in a Seattle floating homes tour in 2010.

Photo: Elliot Suhr, Seattlepi.com

The view from a floating home that was showcased in a Seattle...

A sailboat is parked next to a floating home, the same way a car might be parked next to a landlubber's house.
Photo: Elliot Suhr, Seattlepi.com

A sailboat is parked next to a floating home, the same way a car...

A deck of a floating home.

Photo: Elliot Suhr, Seattlepi.com

A deck of a floating home.

The living room of Elizabeth and Alan Shaw's floating home was showcased in a floating homes tour in Seattle.

Photo: Elliot Suhr, Seattlepi.com

The living room of Elizabeth and Alan Shaw's floating home was...

This two-story floating home was also part of a 2010 floating home tour in Seattle.
Photo: Elliot Suhr, Seattlepi.com

This two-story floating home was also part of a 2010 floating home...

A nautical greeting adorns the door of a home showcased in Seattle floating home tour in 2010.

Photo: Elliot Suhr, Seattlepi.com

A nautical greeting adorns the door of a home showcased in Seattle...

This is not a floating home, or a vessel. It is a house barge, a type of home banned in Seattle in the '90s, except for a few grandfathered ones. House barges are incapable of moving around like boats. They don't have to be hooked up to a sewer and they're supposed to not dump grey water into the lake. Photo: City of Seattle.

Photo: City Of Seattle

This is not a floating home, or a vessel. It is a house barge, a...

This is not a floating home or a vessel. It is a house barge, a type of
home banned in Seattle in the '90s, except for a few grandfathered ones.
House barges are incapable of moving around like boats. They don't have
to be hooked up to a sewer and they're supposed to not dump grey water
into the lake. Photo: City of Seattle.
Photo: City Of Seattle

This is not a floating home or a vessel. It is a house barge, a...

This is not a floating home or a vessel. It is a house barge, a type of
home banned in Seattle in the '90s, except for a few grandfathered ones.
House barges are incapable of moving around like boats. They don't have
to be hooked up to a sewer and they're supposed to not dump grey water
into the lake. Photo: City of Seattle.
Photo: City Of Seattle

This is not a floating home or a vessel. It is a house barge, a...

Here's an example of a houseboat that would be banned under proposed changes to Seattle's shoreline rules. Seattle allows people ("liveaboards") to live on boats, including sailboats, tugs, trawlers and yachts. But the city doesn't want to allow this type of houseboat in Seattle. Photo: City of Seattle.

Photo: City Of Seattle

Here's an example of a houseboat that would be banned under...

Here's another example of a houseboat that would be banned under proposed
changes to Seattle's Shoreline Management Plan. The last time the codes were updated was in 1987. Photo: City of Seattle.
Photo: City Of Seattle

Here's another example of a houseboat that would be banned under...

Kevin and Linda Bagley live on "The Kevlin," 72-foot-long paddlewheeler on Lake Union. They're concerned about proposed shoreline rules that could change how the city regulates their home. Photo: Kevin Bagley.

Kevin and Linda Bagley live on "The Kevlin," 72-foot-long...

A floating home crosses Lake Union for Wards Cove, a floating home community in Seattle's Eastlake neighborhood, on Friday, July 22, 2011. The floating home slips at Wards Cove are billed as the last new floating home spots on Lake Union. The city is currently proposing a ban on new floating homes.
Photo: JOSHUA TRUJILLO

A floating home crosses Lake Union for Wards Cove, a floating home...

A floating home enters Wards Cove, a floating home community in Seattle's Eastlake neighborhood, on Friday, July 22, 2011. The floating home slips at Wards Cove are billed as the last new floating home spots on Lake Union.
Photo: JOSHUA TRUJILLO

A floating home enters Wards Cove, a floating home community in...

A crew from Fremont Tugboat positions a floating home in Wards Cove on July 22, 2011 in Seattle's Eastlake neighborhood. The slips at Wards Cove are billed as the last new floating home spots on Lake Union.
Photo: JOSHUA TRUJILLO

A crew from Fremont Tugboat positions a floating home in Wards Cove...

A floating home crosses Seattle's Lake Union, destined for Wards Cove, a new floating home community in Seattle's Eastlake neighborhood on Friday, July 22, 2011. The floating home slips at Wards Cove are billed as the last new floating home spots available on Lake Union.
Photo: JOSHUA TRUJILLO

A floating home crosses Seattle's Lake Union, destined for Wards...

A crew from Fremont Tugboat maneuvers a floating home that weighs more than 150 tons into Wards Cove on July 22, 2011 in Seattle's Eastlake neighborhood. The slips at Wards Cove are billed as the last new floating home spots on Lake Union.
Photo: JOSHUA TRUJILLO

A crew from Fremont Tugboat maneuvers a floating home that weighs...

Wards Cove, a new floating home community in Seattle's Eastlake neighborhood is shown on Friday, July 22, 2011. The floating home slips at Wards Cove are billed as the last new floating home spots available on Lake Union.
Photo: JOSHUA TRUJILLO

Wards Cove, a new floating home community in Seattle's Eastlake...

A floating home is maneuvered into Wards Cove on July 22, 2011 in Seattle's Eastlake neighborhood. The slips at Wards Cove are billed as the last new floating home spots on Lake Union.
Photo: JOSHUA TRUJILLO

A floating home is maneuvered into Wards Cove on July 22, 2011 in...

A floating home crosses Seattle's Lake Union, destined for Wards Cove, a new floating home community in Seattle's Eastlake neighborhood on Friday, July 22, 2011. The floating home slips at Wards Cove are billed as the last new floating home spots on Lake Union. The city wants to ban new floating homes.
Photo: JOSHUA TRUJILLO

A floating home crosses Seattle's Lake Union, destined for Wards...

This is, obviously, a sailboat. Seattle city staffers included this photo in a memo on proposed shoreline code changes, as an example of a "vessel" on which people are allowed to live. Alleged houseboat scofflaws - the ones who live in things that look like floating homes, but don't follow rules for floating homes - have also called themselves "vessels." The city disagrees. Photo: City of Seattle
Photo: City Of Seattle

This is, obviously, a sailboat. Seattle city staffers included this...

Here's a tugboat, another vessel on which people are allowed to live. A very rough estimate of Seattle liveaboards - people who live on boats - is about 1,500. Vessel liveaboards don't have to follow floating-home codes on size, footprint and environmental and land-use practices. Photo: City of Seattle
Photo: City Of Seattle

Here's a tugboat, another vessel on which people are allowed to...

"Sleepless in Seattle," the 1993 movie that immortalized Seattle as a watery city of romantic houseboats.

"Sleepless in Seattle," the 1993 movie that immortalized Seattle as...

"There's Tom Hanks' house!" Nineteen years after "Sleepless in Seattle," the famous Lake Union houseboat has become one of Seattle's most famous icons. (Seattle Post-Intelligencer archive).

For years, city planners have been wrestling with how to regulate Seattle's waterfronts, relying on state policy that takes a dim view of living on water. Houseboats may look charming, but they're harmful to salmon and other aquatic life, officials say. And they shrink access to the water for things that need it, such as boats and maritime businesses.

That perspective has already led officials to propose a ban on new houseboats in Seattle. But it's also prompted them to eye 150 potentially illegal houseboats on the water now - about a quarter of the 660 or so houseboats in Seattle. That's worrying many water dwellers.

"In a worst case scenario, (it) may leave me bankrupt and homeless," said Stephen Bimson, who bought his 850-square-foot houseboat near Gas Works Park for $250,000 last year.

"In a best case scenario, it will significantly impact my entire life savings."

Amnesty proposal for houseboat scofflaws

That anxiety pushed several City Council members last week to suggest an amnesty (pdf) for homeowners like Bimson. But the path for such a program will not be easy. Many homeowners would have a hard time qualifying for it, and the state, which must approve Seattle's shoreline code, has said there's no leeway in state law for scofflaws.

The amnesty idea also didn't thrill the people it was designed to help.

"Our opinion is we don't need amnesty," said Kevin Bagley, a Lake Union houseboat owner,at an emotional City Council hearing last Wednesday.

"We didn't break the law. We were obeying the law, as it was written...the law needs tobe clarified."

The tension stems from what exactly is a houseboat, which to most people, looks like Tom Hanks' twinkling "Sleepless in Seattle" home. But houseboats fall into distinct categories, each with their own set of byzantine rules.

Legal houseboats are officially called "floating homes," which are regulated by Seattle building and land-use codes and must have a sewer connection. There's about 480 of them in the city.

Some of the alleged scofflaw houseboats also look like Tom Hanks' house. But their owners consider their homes to be boats, in the same category as yachts and trawlers, whose liveaboards don't have to follow floating-home codes on size, footprint and environmental practices.

That means contested houseboats aren't hooked up to a sewer or prohibited from dumping grey water (dish and bathwater) into the lake, if their marina allows it. (In case you're wondering, no one's allowed to dump sewage - or black water - into the lake).

Some of the questionable houseboats are also mansions - larger than typical floating homes - because they were made without following any city building code.

The city says such houses have proliferated over the decades and may now total as high as 150. Most are on Lake Union.

"Many of them look like floating homes, but they are not moored at legal floating home locations," Seattle officials said in a briefing memo. The document lays out ways to to determine legality of a house, which if found to be illegal, must leave.

How does floating mansion call itself a boat?

But how have these floating mansions gotten away with calling themelves a boat for decades?

The answer is two-fold. The city has limited resources for shoreline enforcement. And administrative law says a vessel much be "designed and used for navigation," a squishy phrase that's prompted some creative houseboaters to put a small outboard motor on their float. (Whether that motor can propel a large house around Lake Union is another matter).

As City Council members sought to narrow the definition of a boat, they also searched for ways to help people who may be living on the water illegally.

The residents include people like a distraught-sounding man named Mike, who said he had used due diligence to buy his home a few years ago, thinking it was legal. Now, he worried about being homeless.

"Four years ago, I had a stroke. I bought a houseboat to make my life simpler," the man told Council members last week.

"I have never done anything wrong. I went through real estate (and) insurance, and now I might lose my house. I will be bankrupt. It would really kill me."

Councilmember Nick Licata, who proposed the amnesty with members Mike O'Brien and Sally Clark, said the small number of 150 questionable houseboats didn't seem like an "insurmountable problem."

"I think they add a lot to our cultural experience," he said.

'This kind of behavior would not continue'

But some homeowners may have a hard time meeting conditions in the proposed amnesty. Houseboat owner Bimson said his two-story home would exceed the program's 18-foot height limit, the maximum for floating homes. But smaller homes and residents on fixed incomes might have a hard time adding a required grey-water system.

State officials also did not appear to be on board.

"I appreciate the uncertainty of living with this, especially after the invesment you've made," Geoff Tallent, a Department of Ecology manager, said about homeowners at a City Council committee briefing last week.

But he said state law has "no notion of amnesty."

He also referred to a previous amnesty Seattle gave to another type of illegal houseboat in the early '90s. The city banned the structures, called "house barges," but grandfathered in 34.

"For us at Ecology, we thought in 1992 we were drawing a line in the sand," Tallent said. "(That) this kind of behavior would not continue."

The full City Council is expected to discuss the shoreline regulations - part of the Seattle Shoreline Management plan - on Jan. 14.